Date Passed: December 7, 2022
Date In Force: December 7, 2022

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Overview:
For years, many employees were required to sign nondisclosure and non-disparagement agreements as a condition of employment, effectively silencing them from speaking out about instances of sexual harassment or assault in the workplace. These pre-dispute agreements prevented survivors from sharing their experiences, allowing perpetrators to evade accountability and enabling the continuation of abusive behaviors. The Speak Out Act addresses this issue by rendering such pre-dispute clauses unenforceable, thereby empowering survivors to come forward without fear of legal repercussions.

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Key Provisions:
The Act specifically targets pre-dispute nondisclosure and non-disparagement clauses related to sexual assault and harassment disputes, declaring them unenforceable when the alleged conduct violates federal, state, or tribal law. Importantly, the legislation does not apply to agreements made after a dispute has arisen, such as those included in settlement agreements, provided they comply with existing laws. Additionally, the Act preserves the ability of employers and employees to protect trade secrets and proprietary information, ensuring that the prohibition of these clauses does not extend to such confidential business matters.

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Legislative History:
Introduced in the Senate on July 13, 2022, by Senator Kirsten Gillibrand, the Speak Out Act garnered bipartisan support, reflecting a collective acknowledgment of the need to address systemic issues related to workplace harassment and assault. The Senate passed the bill unanimously on September 29, 2022, demonstrating a unified commitment to protecting survivors. Subsequently, the House of Representatives approved the legislation with a decisive vote of 315-109 on November 16, 2022. President Joe Biden signed the bill into law on December 7, 2022, marking a significant milestone in the ongoing efforts to create safer and more transparent work environments.

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Implications for Survivors and The Restitution Project:
By invalidating pre-dispute nondisclosure and non-disparagement agreements in cases of sexual misconduct, the Speak Out Act empowers survivors to share their experiences openly, seek justice, and hold perpetrators accountable. This legislative change aligns with the mission of The Restitution Project, which advocates for transparency and accountability in addressing workplace abuses. The Act represents a critical step forward in dismantling structures that have historically silenced victims, contributing to a cultural shift that prioritizes survivor voices and promotes safer workplace environments.​